MARVEL CHARACTERS, INC. v. KIRBY

Docket No. 11-3333-cv.

726 F.3d 119 (2013)

MARVEL CHARACTERS, INCORPORATED, Marvel Worldwide, Incorporated, MVL Rights, LLC, Plaintiffs-Counter-Defendants-Appellees, Walt Disney Company, Marvel Entertainment, Incorporated, Counter-Defendants-Appellees, v. Lisa R. KIRBY, Neal L. Kirby, Susan N. Kirby, Barbara J. Kirby, Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 8, 2013.


Attorney(s) appearing for the Case

R. Bruce Rich ( James W. Quinn , Randi W. Singer , Gregory Silbert , on the brief), Weil, Gotshal & Manges LLP, New York, NY; David Fleischer , Haynes and Boone, LLP, New York, N.Y. for Plaintiffs-Counter-Defendants-Appellees and Counter-Defendants-Appellees.

Marc Toberoff , Toberoff & Associates, P.C., Malibu, CA, for Defendants-Counter-Claimants-Appellants.

Before: CABRANES, SACK, and CARNEY, Circuit Judges.


SACK, Circuit Judge:

This appeal requires us to revisit our case law applying the work-for-hire doctrine in the context of section 304 of the Copyright Act of 1976 (or, the "1976 Act"), 17 U.S.C. § 304. Defendants-counter-claimants-appellants Lisa, Neal, Susan, and Barbara Kirby (collectively, the "Kirbys") are the children of the late Jack Kirby. Kirby is considered one of the most influential comic book artists of all time. At various times throughout his career...

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